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Explain Why The Adversary System Of Trial Is The Best System For Achieving Justice In Criminal Trials?

1168 words - 5 pages

Explain why the adversary system of trial is the best system for achieving justice in criminal trials?The adversary system of trial is the best system for achieving justice in criminal trials for a number of different reasons. The use of a jury, the standard of evidence relied upon and the standard of proof, the cross-examining of witnesses and the ability to plead guilty, contribute greatly to reaching justice in the adversary system. They are all reasons which help the adversary system in accomplishing fairness in criminal trials. The adversary system is a feature of the common law system and was brought to Australia with England. It has adapted to the Australian legal system. It is a ...view middle of the document...

The standard of proof and evidence that the adversary system employs are among the factors that make it the best system for achieving justice in criminal cases. Evidence is such an important factor because often it can determine cases and the outcome of the case. For example, if there is not enough evidence presented in a committal hearing for a serious criminal offence then the case is dismissed. However, if the magistrate decides that there is enough evidence, then the "…case is referred to a higher court for trial." With this in mind, evidence helps to achieve justice as enough of it and the presentation will allow the prosecution to prove that the accused is guilty of the actions they are claiming the other party to have done. This also works on the other hand, if the defendant is trying to prove their innocence, evidence can assist them in proving to the jury their innocence. If they are able to prove to one person that they are innocent, then they will be able to win their case. Thus, evidence plays an important role in the way that the adversary system of criminal trial is able to achieve justice.The cross-examination of witnesses in the adversary system helps to make it a great system for achieving justice in criminal trials. This is an important aspect of adversary systems as it allows evidence to be used in a correct manner. This also allows for evidence that is false or misleading to be brought to light and dismissed. In some cases, the cross-examining of witnesses allows for evidence to be brought forward that was not available earlier. This can be through statements that witnesses may give. For example, a person who has omitted some small fact or matter because they thought it was irrelevant, cross-examining that person could bring the matter up and could lead to proof being found out about something that was uncertain previously. This is good for both the defendant and the prosecution as it allows both sides to contest evidence that is being presented and also to gather points for their own case. Therefore, the defendant has the chance to prove their innocence and the prosecution will also have the...

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